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BERARDO v. CITY OF JERSEY CITY

DOCKET NO. A-1342-21.

299 A.3d 844 (2023)

476 N.J. Super. 341

Joseph BERARDO, Plaintiff-Appellant, v. CITY OF JERSEY CITY, Zoning Board of Adjustment of the City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. O'Neill, in her official capacity as the Historic Preservation Officer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2023.

Attorney(s) appearing for the Case

Jameson P. Van Eck , Roseland, argued the cause for appellant (Wells, Jaworski & Liebman, LLP, attorneys; Jameson P. Van Eck, of counsel and on the briefs; Kathryn J. Razin and Jennifer M. Berardo , Woodcliff Lake, on the briefs).

Mailise Rose Marks , Assistant Corporation Counsel, Jersey City, argued the cause for respondents City of Jersey City, Historic Preservation Commission of the City of Jersey City, and Margaret A. O'Neill ( Peter J. Baker , Corporation Counsel, attorney, Trenton; Maura E. Connelly , Assistant Corporation Counsel, on the brief).

Vincent J. LaPaglia , Union City, argued the cause for respondent Zoning Board of Adjustment of the City of Jersey City.

Before Judges Geiger, Susswein, and Berdote Byrne.

The opinion of the court was delivered by

Defendant City of Jersey City's (City) Code of Ordinances Section 105 permits any individual to request a determination of significance from the City's Historic Preservation Officer (HPO) regarding whether a subject building warrants preservation. Consistent...

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